IND2601
Assignment 1
Semester 2 2024
[Company address]
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the Republic of
South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst
addressing the following: (i) The facts of the case (5) (ii) The legal question that was
answered by the court (7) (iii) The decision of the court and reasons for the judgement
(8)
Gumede v President of the Republic of South Africa & Others (CCT 50/08 [2008]
ZACC 23, 2009(3) BCLR 243)
(i) The Facts of the Case (5)
The case of Gumede v President of the Republic of South Africa & Others involves
Ms. Nomsa Gumede, who was married to Mr. Sibusiso Gumede in terms of customary
law. They were married in 1968, before the commencement of the Recognition of
Customary Marriages Act 120 of 1998 (RCMA). Their marriage was thus considered a
customary marriage entered into before the RCMA came into effect. Upon the
breakdown of their marriage, Ms. Gumede sought a division of the matrimonial property.
However, the applicable provisions of the RCMA, particularly section 7(1), stipulated
that customary marriages entered into before the commencement of the Act would
continue to be governed by customary law, which generally dictated that the husband
had ownership and control over family property.
(ii) The Legal Question that was Answered by the Court (7)
Assignment 1
Semester 2 2024
[Company address]
, IND2601 Assignment 1 Semester 2 2024
1.Discuss the case and judgement in the case of Gumede v President of the Republic of
South Africa & others (CCT 50/08 [2008] ZACC 23, 2009(3) BCLR 243, whilst
addressing the following: (i) The facts of the case (5) (ii) The legal question that was
answered by the court (7) (iii) The decision of the court and reasons for the judgement
(8)
Gumede v President of the Republic of South Africa & Others (CCT 50/08 [2008]
ZACC 23, 2009(3) BCLR 243)
(i) The Facts of the Case (5)
The case of Gumede v President of the Republic of South Africa & Others involves
Ms. Nomsa Gumede, who was married to Mr. Sibusiso Gumede in terms of customary
law. They were married in 1968, before the commencement of the Recognition of
Customary Marriages Act 120 of 1998 (RCMA). Their marriage was thus considered a
customary marriage entered into before the RCMA came into effect. Upon the
breakdown of their marriage, Ms. Gumede sought a division of the matrimonial property.
However, the applicable provisions of the RCMA, particularly section 7(1), stipulated
that customary marriages entered into before the commencement of the Act would
continue to be governed by customary law, which generally dictated that the husband
had ownership and control over family property.
(ii) The Legal Question that was Answered by the Court (7)
